When Things Go Wrong… International Conference of Regulators Sept. 28, 2012 Jayne Kim, Chief Trial Counsel of the State Bar of California

State Bar of California  Largest state bar in the United States  Mandatory membership  237,000 attorneys ; 170,000 active  Governed by a Board of Trustees (23 members)  Office of Chief Trial Counsel (prosecutors)  Independent, professional State Bar Court

Common Allegations (2011)  Professional Employment  Fees  Funds  Performance  Duties to Client  Interference With Justice  Personal Behavior  Duties to State Bar  Loan Modification Complaint  Debt Resolution  UPL  No complaint articulated  595  6,038  2,674  14,406  4,240  4,318  6,075  120  4,451  160  491  270

Common Sources of Complaints  Client Complaints  Courts  Media/press  Law Enforcement  Regulatory Agencies  State Bar Investigation Often a Reactive Process

Goals of Attorney Discipline Primary Purposes: To protect the public, To protect the courts, and To protect the legal profession

Raising the Bar (2012) Coordination w/ Law EnforcementCoordination w/Courts State Bar Law Enforcement Coordinators State Bar Standing Court Liaisons

Identifying Trends & Concerns  Business “Partnerhips” with Non-Attorneys  UPL  Illegal Fee Splitting  Failure to Supervise  Taking Advantage of a Downward Economy  Loan Modification/Foreclosure Relief  Bankruptcy  Debt Consolidation  Aging Lawyer Population

Recent Proactive Efforts  Coordination with Law Enforcement  Consumer protection summits  Task forces  Joint efforts with CA Attorney General’s Office  Law Enforcement Coordinator  Communications with Court Systems  Bankruptcy fraud meetings  Incorporation of training  Court representatives/liaisons

The Role of a Regulator When Things Go Wrong...